BIR BAJRANGI AKHARA Vs. SURESH NAYYAR

JUDGEMENT

(1.) Plaintiff is in Regular Second Appeal against the concurrent judgments and decrees passed by the Courts below in a suit for permanent injunction.

(2.) Plaintiff filed a suit for permanent injunction against the defendants restraining them from encroaching upon and interfering into the peaceful possession of the plaintiff and day to day practice being performed by the wrestlers in the property i.e. Akhara Bir Bajrangi in Shamshan Ghat complex, near Khaddar Bhandar, Nakodar as shown in the site plan. Plaintiff claimed that Wrestling Akhara is a registered Akhara under the name and style of Bir Bajrangi Akhara since the year 2009 and the Akhara is giving social service to the people. Defendants are forcible and influential persons and they intend to create hurdle in the way of youth, who are practising in Akhara. Defendants want to grab the property of the Akhara. Defendants have demolished the boundary wall towards northern side to some extent.

(3.) Defendants contested the suit on the ground that the plaintiff has no locus standi to file the suit. Ownership of the property vests with the inhabitants of the locality as the site is a Shamshan Ghat which is in existence prior to the partition. In the revenue record, the site is shown in the ownership of Municipal Committee. Mutation has been sanctioned in favour of Municipal Committee. Khasra No.394(11-9) is the Shamshan Bhoomi. Plaintiff in order to take unauthorized possession of the Shamshan Bhoomi has got the Akhara registered for some ulterior purpose and has also obtained some electric connection without taking into confidence of the executive of Shamshan Bhoomi Sudhar Sabha. Defendants are private persons having no personal interest in the property, nor they have threatened the plaintiff in any manner. In fact the defendants with the help of entire city after collecting lot of money have made improvements for the welfare of the city and they have already constructed one Deori which is approximately 6000 sq. feet, wherein development work is in progress and the same is adjoining to the main gate. In the remaining portion of the Shamshan Bhoomi, the management intends to uplift level of the earth and to grow plants, trees and grass for beautification, apart from one Shiva statue in the shape of temple. Running of Akhara is an illegal exercise by the plaintiff on the site of Shamshan Bhoomi.